According to reports, Mitchell Weiner's widow Bonnie and her three children claim the city failed to provide a safe work environment and did not respond in a timely fashion as the H1N1 virus spread throughout Intermediate School 238 in the Hollis section of Queens.
In a notice of claim, the family says the city didn't release accurate information about the flu and took too long to tell Weiner he had come into contact with people who had contracted the potentially deadly virus. The 90-day deadline to file the claim is up next week.
55-year-old Mitchell Weiner died in May after complications related to the swine flu virus. His family plans on suing the city for $40-million in order to compensate for the loss of companionship, guidance and moral support for his three children.
Mayor Bloomberg at a news conference Tuesday said the city did all it could to ensure people's safety as the swine flu spread.
"The city didn't do anything wrong. We have to make decisions to keep the schools open and closed," Bloomberg said. "Our obligation is to keep schools open. I'm sorry that somebody caught H1N1 and died from it. It's tragic and our prayers are certainly with him."